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2. If the consultations referred to in paragraph 1 do not result in an
agreement on trade compensation within 30 days of the
commencement of such consultations, any Party against whose
good the transitional RCEP safeguard measure is applied may
suspend the application of substantially equivalent concessions
to the trade in goods of the Party applying the transitional RCEP
safeguard measure.
3. A Party against whose good a transitional RCEP safeguard
measure is applied shall deliver a written notice to the Party
applying the transitional RCEP safeguard measure at least 30
days before it suspends the application of concessions in
accordance with paragraph 2.
4. The obligation to provide compensation under paragraph 1 and
the right to suspend the application of concessions in accordance
with paragraph 2 shall cease on the termination of the transitional
RCEP safeguard measure.
5. The right to suspend the application of concessions in accordance
with paragraph 2 shall not be exercised for the first three years
during which the transitional RCEP safeguard measure is in
effect, provided that the transitional RCEP safeguard measure
has been applied as a result of an absolute increase in imports
and that it conforms to this Agreement.
6. A Least Developed Country Party that applies or extends a
transitional RCEP safeguard measure shall not be requested for
any compensation by the affected Parties.
Article 7.8: Provisional RCEP Safeguard Measures
1. In critical circumstances where delay would cause damage that
would be difficult to repair, an importing Party may apply a
provisional RCEP safeguard measure, which shall take the form
of the measures set out in subparagraph 1(a) or (b) of Article 7.2
(Application of Transitional RCEP Safeguard Measures),
pursuant to a preliminary determination by its competent
authorities that there is clear evidence that imports of an
originating good from another Party or Parties have increased as
the result of the reduction or elimination of a customs duty under
this Agreement, and such increased imports have caused or are
threatening to cause serious injury to a domestic industry of the
importing Party.
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